Ashwander V. Tennessee Valley Authority
   HOME
*





Ashwander V. Tennessee Valley Authority
''Ashwander v. Tennessee Valley Authority'', 297 U.S. 288 (1936), was a United States Supreme Court case that provided the first elaboration of the doctrine of "Constitutional avoidance". Background In ''Ashwander'', the Supreme Court faced a challenge to the constitutionality of a congressional program of development of the Wilson Dam. The plaintiffs, preferred stockholders of the Alabama Power Company, had unsuccessfully protested to the corporation about its contracts with the Tennessee Valley Authority (TVA). Plaintiffs then brought suit against the corporation, the TVA, and others alleging breach of contract and advancing a broad constitutional challenge to the governmental program. In December 1934, Federal Judge William Irwin Grubb held that the government had no right to engage in the power business except to dispose of a surplus incidental to the exercise of some other constitutional function. While he did not directly rule that the TVA was unconstitutional, he issued a ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Corporatocracy
Corporatocracy (, from corporate and el, -κρατία, translit=-kratía, lit=domination by; short form corpocracy) is an economic, political and judicial system controlled by corporations or corporate interests. The concept has been used in explanations of bank bailouts, excessive pay for CEOs, as well as complaints such as the exploitation of national treasuries, people, and natural resources. It has been used by critics of globalization, sometimes in conjunction with criticism of the World Bank or unfair lending practices, as well as criticism of free trade agreements. Corporate rule is also a common theme in dystopian science-fiction media. Use of "corporatocracy" and similar ideas Historian Howard Zinn argues that during the Gilded Age in the United States, the U.S. government was acting exactly as Karl Marx described capitalist states: "pretending neutrality to maintain order, but serving the interests of the rich". According to economist Joseph Stiglitz, there has ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

David B
David Robert Jones (8 January 194710 January 2016), known professionally as David Bowie ( ), was an English singer-songwriter and actor. A leading figure in the music industry, he is regarded as one of the most influential musicians of the 20th century. Bowie was acclaimed by critics and musicians, particularly for his innovative work during the 1970s. His career was marked by reinvention and visual presentation, and his music and stagecraft had a significant impact on popular music. Bowie developed an interest in music from an early age. He studied art, music and design before embarking on a professional career as a musician in 1963. "Space Oddity", released in 1969, was his first top-five entry on the UK Singles Chart. After a period of experimentation, he re-emerged in 1972 during the glam rock era with his flamboyant and androgynous alter ego Ziggy Stardust (character), Ziggy Stardust. The character was spearheaded by the success of Bowie's single "Starman (song), Starma ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Robert Katzmann
Robert Allen Katzmann (April 22, 1953 – June 9, 2021) was a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. He served as chief judge from September 1, 2013 to August 31, 2020. Early life Robert Allen Katzmann was born April 22, 1953 in New York City, New York, the son of Sylvia, a homemaker, and John Katzmann, an engineer. Katzmann received an Artium Baccalaureus degree from Columbia University in 1973. He received an Artium Magister from Harvard University in 1976. He received a Doctor of Philosophy from Harvard University in 1978. He received a Juris Doctor from Yale Law School in 1980, where he was an article and book review editor of the ''Yale Law Journal''. Career Early work Katzmann served as a law clerk to Judge Hugh H. Bownes of the United States Court of Appeals for the First Circuit from 1980 to 1981. He was a fellow at the Brookings Institution from 1981 to 1999. He was an adjunct professor at Georgetown Universi ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Article Three Of The United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason. Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judge ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Political Question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue that ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Advisory Opinion
An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions. International courts International Court of Justice The International Court of Justice is empowered to give advisory opinions under Chapter IV of its Statute (an annex to the United Nations Charter) when requested to do so by certain organs or agencies of the United Nations. These opinions are non-binding. Inter-American Court of Human Rights The advisory function of the Inter-American Court of Human Rights enables it to respond to consultations submitted by agencies and member states of ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Case Or Controversy Clause
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing. First, the Court has held that the clause identifies the scope of matters which a federal court can and cannot consider as a case (i.e., it distinguishes between lawsuits within and beyond the institutional competence of the federal judiciary), and limits federal judicial power only to such lawsuits as the court is competent to hear. For example, the Court has determined that this clause prohibits the issuance of advisory opinions (in which no actual issue exists but an opinion is sought), and claims where the appellant stands to gain only in a generalized sense (i.e. no more or less than people at large), and allows only the adjudication of c ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Separation Of Powers Under The United States Constitution
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in ''The Spirit of the Laws'', in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the drafting of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances. During the Age of Enlightenment, philosophers such as Montesquieu advocated the principle in their writings, whereas others, such as Thomas Hobbes, strongly opposed it. Montesquieu was one of the foremost supporters of separating the legislature, the executive, and the judiciary. His writings considerably influenced the Founding Fathers of the Unit ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Ogden V
Ogden may refer to: Places Canada *Ogden, Calgary, in Calgary, Alberta *Ogden, Quebec, a small municipality in the Eastern Townships *Ogdensville, British Columbia or Ogden City, alternate names for gold rush-era Seymour Arm, British Columbia *Ogden, British Columbia, an unincorporated locality in the Bridge River Country of British Columbia *Ogden Point, a landmark breakwater, lighthouse and port facility in Victoria, British Columbia * Ogden, Nova Scotia England *Ogden, West Yorkshire United States *Ogden, Arkansas *Ogden, Illinois * Ogden, Indiana *Ogden, Iowa *Ogden, Kansas *Ogden, Missouri *Ogden, New York *Ogden, North Carolina * Ogden, Ohio *Ogden, Utah ''(The largest city with the name)'' ** Ogden Intermodal Transit Center *Ogden, West Virginia *Ogden Township, Michigan *Mount Ogden, Utah *Ogden Avenue, Chicago, Illinois *Ogden Theatre, Denver, Colorado *The Ogden, a condominium tower in Las Vegas, Nevada Rivers *River Ogden, Lancashire, England, United Kingdom *Ogden Cre ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Bushrod Washington
Bushrod Washington (June 5, 1762 – November 26, 1829) was an American attorney and politician who served as Associate Justice of the Supreme Court of the United States from 1798 to 1829. On the Supreme Court, he was a staunch ally of Chief Justice John Marshall. Washington was a co-founder and president of the American Colonization Society, which promoted the emigration of freed slaves to Africa. The nephew of American founding father and President George Washington, he inherited his uncle's papers and Mount Vernon, taking possession in 1802 after the death of Martha Washington, his uncle's widow, and with Marshall's help, published a biography of the first president. Early life Bushrod Washington was born on June 5, 1762, at Bushfield Manor, a plantation located at Mount Holly in Westmoreland County, Virginia.. He was a son of John Augustine Washington (1736–1787), the brother of George Washington, and John's heiress wife, Hannah Bushrod (1735–1801). He had a ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]